0001| HOUSE JOINT MEMORIAL 53 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| RICK MIERA | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| A JOINT MEMORIAL | 0012| SUPPORTING THE ATTORNEY GENERAL'S STUDY AND EFFORTS TO MAKE | 0013| RECOMMENDATIONS REGARDING STRATEGIC LAWSUITS AGAINST PUBLIC | 0014| PARTICIPATION. | 0015| | 0016| WHEREAS, essential to our constitutional democracy is the | 0017| principle of full access to, participation in and control of the | 0018| government by the citizenry, including the right to circulate | 0019| petitions, voice criticism, testify at public hearings, support | 0020| legislation and engage in peaceful demonstrations; and | 0021| WHEREAS, in recent years in New Mexico, continuing the | 0022| tradition of citizen activism, hundreds of citizen organizations | 0023| and thousands of individual citizens have petitioned, lobbied | 0024| and testified in a wide variety of public forums, but some of | 0025| these individuals and organizations have been sued by opposing | 0001| groups for their government advocacy; and | 0002| WHEREAS, these lawsuits, called "strategic lawsuits against | 0003| public participation", are often filed by one side of a public | 0004| dispute to punish or prevent opposing points of view, and they | 0005| are an attempt to transform a public or political dispute into a | 0006| private, legal adjudication; and | 0007| WHEREAS, the costs immediately imposed on the defendants or | 0008| the targets of strategic lawsuits against public participation | 0009| can be substantial, including court costs and attorneys' fees as | 0010| well as lost wages, potential credit problems and financial | 0011| insecurity; and | 0012| WHEREAS, state supreme court and United States supreme | 0013| court decisions regarding these strategic lawsuits against | 0014| public participation have noted the chilling effect they have on | 0015| First Amendment rights and the enormous legal costs they impose | 0016| on citizen-advocacy defendants, and that they threaten the | 0017| essential democratic right of all citizens to petition their | 0018| government; and | 0019| WHEREAS, during the last two years in New Mexico, often | 0020| over contentious issues such as solid or medical waste disposal, | 0021| legal action has been taken against community-based nonprofit | 0022| organizations that have participated in solid waste or medical | 0023| waste incinerator-permit hearings; and | 0024| WHEREAS, in response to similar strategic lawsuits against | 0025| public participation and related threats to First Amendment | 0001| rights, several other states, including Nevada, New York and | 0002| California, have enacted legislation protecting citizen | 0003| participation and limiting the scope and power of strategic | 0004| lawsuits against public participation; | 0005| NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE | 0006| STATE OF NEW MEXICO that the efforts of the attorney general to | 0007| conduct a study and make recommendations regarding the problem | 0008| of strategic lawsuits against public participation in New Mexico | 0009| be applauded; and | 0010| BE IT FURTHER RESOLVED that the attorney general be | 0011| requested to include legislative recommendations in his report | 0012| to the appropriate interim legislative committee and to the | 0013| first session of the forty-third legislature; and | 0014| BE IT FURTHER RESOLVED that a copy of this memorial be | 0015| transmitted to the attorney general. | 0016|  State of New Mexico | 0017| House of Representatives | 0018| | 0019| FORTY-SECOND LEGISLATURE | 0020| SECOND SESSION, 1996 | 0021| | 0022| February 8, l996 | 0023| | 0024| | 0025| Mr. Speaker: | 0001| | 0002| Your RULES AND ORDER OF BUSINESS COMMITTEE, to | 0003| whom has been referred | 0004| | 0005| HOUSE JOINT MEMORIAL 53 | 0006| | 0007| has had it under consideration and finds same to be | 0008| GERMANE in accordance with constitutional provisions. | 0009| | 0010| Respectfully submitted, | 0011| | 0012| | 0013| | 0014| | 0015| Barbara A. Perea Casey, | 0016| Chairperson | 0017| | 0018| | 0019| Adopted Not Adopted | 0020| | 0021| (Chief Clerk) (Chief Clerk) | 0022| | 0023| Date | 0024| | 0025| The roll call vote was 9 For 0 Against | 0001| Yes: 9 | 0002| Excused: Knowles, Lujan, Nicely, Ryan, J. G. Taylor, Wallach | 0003| Absent: None | 0004| | 0005| HJ053RC1 State of New Mexico | 0006| House of Representatives | 0007| | 0008| FORTY-SECOND LEGISLATURE | 0009| SECOND SESSION, 1996 | 0010| | 0011| | 0012| February 11, 1996 | 0013| | 0014| | 0015| Mr. Speaker: | 0016| | 0017| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has | 0018| been referred | 0019| | 0020| HOUSE JOINT MEMORIAL 53 | 0021| | 0022| has had it under consideration and reports same with | 0023| recommendation that it DO PASS, and thence referred to the | 0024| JUDICIARY COMMITTEE. | 0025| | 0001| Respectfully submitted, | 0002| | 0003| | 0004| | 0005| | 0006| Fred Luna, Chairman | 0007| | 0008| | 0009| Adopted Not Adopted | 0010| | 0011| (Chief Clerk) (Chief Clerk) | 0012| | 0013| Date | 0014| | 0015| The roll call vote was 7 For 3 Against | 0016| Yes: 7 | 0017| No: Hobbs, Macko, R.R. Sanchez | 0018| Excused: None | 0019| Absent: Gubbels, Varela | 0020| | 0021| | 0022| | 0023| | 0024| HJ053BI1 State of New Mexico | 0025| House of Representatives | 0001| | 0002| FORTY-SECOND LEGISLATURE | 0003| SECOND SESSION, 1996 | 0004| | 0005| | 0006| February 13, 1996 | 0007| | 0008| | 0009| Mr. Speaker: | 0010| | 0011| Your JUDICIARY COMMITTEE, to whom has been referred | 0012| | 0013| HOUSE JOINT MEMORIAL 53 | 0014| | 0015| has had it under consideration and reports same with | 0016| recommendation that it DO PASS, amended as follows: | 0017| | 0018| 1. On page 2, strike lines 18 through 22 in their | 0019| entirety. | 0020| Respectfully submitted, | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| Cisco McSorley, Chairman | 0002| | 0003| | 0004| Adopted Not Adopted | 0005| | 0006| (Chief Clerk) (Chief Clerk) | 0007| | 0008| Date | 0009| | 0010| The roll call vote was 12 For 0 Against | 0011| Yes: 12 | 0012| Excused: Sanchez, R.G. | 0013| Absent: None | 0014| | 0015| | 0016| .112184.1 | 0017| HJ053JC1 |